EXPLAINING LAW

Add caption The Constitution of India has provisions regarding the right to health. The obligation of the State to ensure the creation and the sustaining of conditions congenial to good health is cast by the Constitutional directives contained in articles 38, 39 (e) (f), 42, 47 and 48 A in Part IV of the Constitution of India. India is a party to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights. The Supreme Court held that Article 21 of the Constitution of India in relation to human rights has to be interpreted in conformity with international law.  (1). Further, Article 25 [2] of the Universal Declaration of Human Rights and Article 7 (b) of the International Covenant on Economic, Social and Cultural Rights has been cited by the Supreme Court while upholding the right to health by a worker. (2).These covenants find statutory acceptance in the Statement of Objects and Reasons of The Protection of ...

Can an outside witness be summoned u/s 160 Cr.P.C.  who is residing in a different district or is in a different state? Krishan Bans Bhadur v. State of Himachal Pradesh , 1975 Cri LJ 620 (H.P.) , an order was issued under Section 160 of the Code of Criminal Procedure requiring the petitioners to present themselves at Police Station Chhota Simla, District Simla in connection with the investigation of a case. The order was served on them in New Delhi. The petitioners were unable to attend at the Police Station in compliance with the order. Consequently, a charge sheet was submitted against the petitioners for an offence under Section 174 of the Indian Penial Code. In the circumstances, the Himachal Pradesh High Court held as under: “Clearly the petitioners are not guilty of any non-compliance with the orders issued under Section 160 of the Code of Criminal Procedure. Section 160 empowers a police officer making an investigation to require the attendance before himself of any person...

Add caption Divorce by mutual consent can be obtained within six months, but no petition in such a case can be filed within the first year of marriage. There also has to be a gap of six months between the first and second motions. The court can waive this cooling-off period in some cases. Sec 14 of HMA comes into play if the spouse wishes to get a divorce within 1 year of marriage. Step 1: Petition to file for divorce Firstly, a joint petition for dissolution of marriage for a decree of divorce is to be presented to the family court by both the spouses on the ground stating that they have not been able to live together and have mutually agreed to dissolve the marriage or they have been living separately for one year or more. This petition will, then, be signed by both the parties. Step 2: Appearing before Court and inspection of the petition Both parties will have to appear before the family court after the filing of the petition. The parties would present their respective counsels/law...

The Fundamental Right to health care- covid-19 A pandemic. We completely trust a hospital and its doctors, and during covid- 19 on Govt and Medical Dept responsible to fight pandemic without so much as a shadow of a doubt. Now, we are not saying that someone can take advantage of this situation, but it is crucial for everyone to know about their rights at every place. Since the whole world is fighting the Pandemic and all our eyes are on Medical and on Govt and from recent news the ill inhuman treatment by hospital, one should know his Rights. In a letter to Union Health Secretary Lov Verma, Union Law Secretary P K Malhotra has said that according to the CIC's July 23 order, a  patient has a right to his/her medical record which is rooted in Article 19 and 21 of the Constitution and the hospital authorities have a duty to provide the same under RTI Act Legal documents on patient's rights In India, there are various legal provisions related to patient's rights w...

The Law about Divorce within a year of Marriage. Whenever we are in a relationship where it becomes unbearable to carry forward the relationship of marriage and the major hurdle is 1 year wait time as per Hindu marriage Act, one finds himself/herself in great trouble to live the life of utter problem and hardship. so is there any provision which allows a married couple to get divorce within a year of marriage? Many of the time we come across a situation when the couple decide to get separate within couple of days or say months to get into Divorce. so comes sec 14 H.M.A to the relief. There are landmark judgments pronounced by many Court which allowed the petitioner to get Divorce within a year of Marriage. We will discuss a few Judgment to have an insight of the Law. No petition for divorce to be presented within one year of marriage-  Sec 14 H.M.A Smt. Priyanka Maity (Ghosh) v/s Shri Sabyasachi Maity -14 may 2012 AIR 1982 Cal 547 (Smritikana Bag v. Dilip Kumar Bag...

                                                                                               Sec 153 and Sec 505 IPC   Section 153 and 153A provides for registration of a case against a person who gives a statement either in writing or orally that incites communal riots or provokes communal tension and enmity between communities. IT is punishable with imprisonment from 6 months to one year with fine. Section 505 punishes persons who spread rumor through their statement to cause public disorder with an imprisonment up to 3 years.   So the major factor in sec 153 IPC is weather a riot was committed by the said provocation is the deciding factor. (Exception)  —It does not amount to an offence, within the meaning of this section ...

WHO which was established in 1946. The WHO has a Constitution and issues International Health Regulations (IHR).  Its membership is open to all Members of the United Nations and Associate Members. The WHO’s objective is the attainment by all peoples of the highest level of health.  Framework to improve preparedness for and response to pandemic influenza and has replaced the 2009 guidance with the 2013 Pandemic Influenza Risk Management WHO Interim Guidance. Areas of Priority ·         The WHO has six main priorities for providing leadership.  These include ·         Universal health coverage; ·         Health-related Millennium Development Goals; ·         Noncommunicable diseases, such as cancer, heart disease, and mental health disorders; ·         Social, economic, and environmental determinants; ...